beta
(영문) 창원지방법원마산지원 2016.08.26 2015가단105080

소유권이전등기

Text

1.A forest land A, 1289 square meters in Changwon-si, Changwon-si;

A. As to DefendantY’s share 13437270/2300.

Reasons

1. Basic facts

A. The Plaintiff is a clan that consists of descendants of the AGm 19 years old, “AH (the birth in 1824, the death in 1876)” as a joint vessel and its descendants.

B. The forest of this case is the land that the AI, the plaintiff 21 years of age of the clan, was the land on January 1, 1917 (six years of religion). When he died on August 11, 1950, the AJ (22 years of age) succeeded to Australia, and the registration of ownership transfer was completed on May 21, 1964.

C. AJ died on February 19, 1979, and on September 21, 2015, the registration of ownership transfer was completed on the ground of the inheritance of the property on February 19, 1979 on September 21, 2015 by the Defendant (Appointed Party; hereinafter “Appointed Party”) or by the heir of the deceased Party B, etc. (the remaining Defendants and the designated parties except Defendant Y, Z) or their heirs.

In September 2015, Defendant B (the grandchildren of the deceased AJ) was delegated with the authority of all disposals from AB, AC, AD, and AE, and sold to AK the inheritance shares of himself and the designated parties in the forest of this case at KRW 30 million, and upon the designation of AK, the registration of transfer of shares was completed in the future in Defendant Y (the first Defendant and the remaining designated parties' shares) with Defendant Z (the designated parties' shares), the wife of AK (the designated parties' shares) and the branch of AK.

[Ground of Recognition] A, Gap's 1 through 4, 9, 10 evidence, Eul's 1 (including additional numbers), the results of the plaintiff's representative's AL and part of defendant Eul's 1, the witness's testimony, the response to the order to submit financial transaction information to the new bank of this court, and the purport of the whole pleadings

2. The parties' assertion

A. The summary of the Plaintiff’s assertion 1, Y, and Z are that the forest of this case was title trusted to the Defendants other than Defendant 1, Y, and Z by being under the name of the AI around 1917 for use by the Plaintiff clan as a mountain.

Even if it is not so, the plaintiff clans of this case are dead during the Korean War.